West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

 

West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 (“the Act”)

• The Act is West Bengal Act XXXV of 1972 (Act No. 35 of 1972), titled “The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972”. 

• Its purpose is: “to provide for the regulation of marketing of agricultural produce in West Bengal and for matters connected therewith.” 

• It extends to the whole of West Bengal. 

• The State Government may bring different parts into force on different dates. 

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Key definitions and structure

• “Agricultural produce” is defined to include produce of agriculture, horticulture, pisciculture, forestry, animal husbandry, etc, and the State Government may by notification include/exclude items from the Schedule. 

• “Agriculturist” means one engaged in the production and growth of agricultural produce (but not a trader or broker) 

• “Trader”, “commission agent”, “broker”, “weighman”, “measurer”, “warehouseman” etc are defined. 

• “Market”, “market area”, “principal market yard”, “sub-market yard” are defined (the Act authorises the State Government to declare market areas and market yards). 

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Major Provisions

Some of the key provisions include:

• Section 3: Declaration of market area. 

• Section 4: Declaration of principal market yard, sub-market yard and market proper. 

• Section 5: Constitution of a Market Committee for every market area. 

• The Market Committee is a body-corporate, may acquire/hold/dispose property, etc. 

• Section 12: Duties and functions of market committee. 

• Section 13: Licensing of traders etc. 

• Section 17: Power to levy fees by market committee. 

• Section 23: Market committee to furnish information to State Government. 

• Section 24: Power of inspection. 

• Section 36: Establishment of the West Bengal State Agricultural Marketing Board (“Board”). 

• Section 38: Power to make rules. 

• Section 37: Act to override other laws. 

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Amendment & Rules

• The Act has been amended via the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 2014 and the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 2017. 

• The Rules made under the Act include the West Bengal Agricultural Produce Marketing (Regulation) Rules, 1982, and more recently the amendment of Rules in 2020. 

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Role of the Board

The West Bengal State Agricultural Marketing Board (WBSAMB) is established under Section 36 and the Act, and its functions include supervision of market committees, infrastructure development, inspection etc. 

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Practical Implications

• The Act mandates declaration of market areas and market yards, formation of market committees, licensing of traders and other market functionaries, power to levy market fees, inspection powers, etc.

• It thus provides a regulatory framework for how agricultural produce is marketed in regulated markets in West Bengal.

• If someone is operating in the agricultural marketing sector (farmer, trader, commission agent) in a regulated market area under the Act, they would have to comply with the licensing and regulatory provisions.

• Note: Outside regulated market areas the Act may not apply unless the State has extended it by notification.